J.J. Newberry Co. v. Baker, Renschen, Newton, Etc.

This is an appeal from an order of the Circuit Court overruling defendants' motion to strike from the record and to hold as void an entry of dismissal and discharge of the surety in an injunction suit. The motion was filed within three days but after the term to which the entry of dismissal and discharge of the surety was made.

Plaintiff brought suit for an injunction against defendants in this case, and on the 1st of May, 1946, a temporary restraining order was issued against defendants after plaintiff had given a surety bond in the sum of twenty-five hundred dollars as required by the court.

T…